Butte gets stricter pot growing rules

Approx. 10,000 marijuana plants were removed from a remote location west of Round Valley Rd. in Tehama County during part of the "Operation Full Court Press" eradication effort by the U.S. Forest Service in this file photo from July 2011.

OROVILLE — Butte County supervisors finally adopted new tough regulations on medical marijuana cultivation, even knowing opponents have taken preliminary steps to bring the measure to voters.

In a unanimous vote supervisors approved amendments to the county's existing cultivation ordinance that strictly limits the number of square-feet in cannabis gardens, rather than the number of plants.

Under the revised regulation, which becomes effective 30 days after Tuesday's vote, a garden on a lot of up to five acres can have only 50 square-feet of growing space, which must be at least 50 feet from the nearest property line.

For a parcel five to 10 acres the cultivation space can be no more 100 square-feet and the site must be 75 feet nearest lot line.

For anything more 10 acres the garden can cover no more than 150 square-feet and the site has to be at least 150 feet from the nearest property boundary.

The old rules apply on parcels smaller than a half-acre. There grows can only take place inside of a building no bigger than 120 square-feet.

The issue had been before the board two previous times. At each of those meetings the board tentatively approved the amendments but this was the vote that counted.

Opponents of the amendments have consistently claimed the garden sizes would make it impossible to grow their "medicine."

The opponents have already taken out the documents needed to launch a petition drive to get a referendum on the ballot.

Paul Hahn, Butte's chief administrative officer, said the referendum supporters have 30 days to get just over 7,000 signatures on petitions.

If the deadline is made then the new ordinance will be suspended for another 30 days while the county Elections Office verifies the signatures are legitimate.

If that standard is met then the item goes back to the supervisors who have the option to rescind the ordinance or schedule the referendum for the next election, which would be in November.

Supervisor Steve Lambert, who lives west of Oroville, said part of the reason he voted for the new rules was because he wants to get the issue before the public.

He said people who endorse wide-open marijuana gardens and those who want them limited all have a responsibility to get out and work for their cause.

Oroville Supervisor Bill Connelly, who said he has 5,000 or more marijuana growers in his district, pointed out the board passed a fairly restrictive cultivation ordinance in May 2011. It was made the target of a referendum drive and was defeated in 2012.

The county then put together a committee to craft a new ordinance which was passed almost exactly a year ago and "it didn't work."

"I want the people to do this (vote on the issues)," he said.

Supervisor Doug Teeter of Paradise, who chairs the board, said he is unhappy with the fact people who live in the five municipalities will get to vote on regulations that will only apply to the unincorporated areas of the county.

Then on a motion by Chico Supervisor Maureen Kirk, seconded by Chico Supervisor Larry Wahl, the item was passed unanimously.